Washington State Signs Law Regulating Deca-PBDE

Chemical Week, Kara Sissell
Published May 1, 2007

Washington Governor Chris Gregoire (D.) has signed a law placing restrictions on use of the flame retardant deca-polybrominated diphenyl ether (deca-PBDE), provided that state authorities approve safer alternatives. The law prohibits the use of deca-PBDE in residential mattresses beginning next year. It also restricts use of deca-PBDE in residential furniture, televisions, computer housings, and other consumer products beginning in 2011. The law creates a fire safety committee that will review alternatives to deca-PBDE, which must also be approved by the state's health and environment departments. State representative Ross Hunter (D., 48th District) introduced the legislation. Exemptions to the deca-PBDE restrictions include used cars made before January 1, 2008, Federal Aviation Administration-mandated safety systems, and medical devices. The Washington Fire Chiefs association (Olympia) says it supports the law, which requires the organization's executive director to serve on the committee formed to approve alternatives. Bromine Science Environmental Forum (BSEF; Washington), an industry group representing manufacturers of deca-PBDE, says deca-PBDE is no longer used in residential mattresses, so that restriction "has no practical impact." Still, BSEF is concerned that the review process established for the alternatives is "somewhat vague and ill-defined," says BSEF chairman Michael Spiegelstein. U.S. manufacturers of deca-PBDE are Albemarle and Chemtura. "The difficulty of properly evaluating and approving alternative flame retardants was highlighted recently when the Washington Department of Ecology and several local environmental organizations began openly endorsing the substance melamine as a 'safer' replacement for deca-PBDE, only to have it revealed a short time later that melamine is the contaminant in pet food that led to numerous pet deaths across the country," BSEF says. BSEF also says that none of the alternatives have been studied as extensively as deca-PBDE, including a 10-year European Union risk assessment that exempted it from further regulation. Gregoire rejected industry's request that she veto the bill, after it passed the legislature. Environmental advocacy group Environmental Working Group (EWG; Washington) says the success of the bill may help convince lawmakers in other states to pass similar measures. Similar bills are pending in Illinois, Maine, and New York.